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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The reason why the defendant did not pay the money to the victim is that the victim failed to pay the money properly, and the guidance was already made, and that he did not receive the money borrowed from the F. Therefore, the defendant did not have the intention of deceiving the money.
B. The Defendant asserts that, with respect to the sentence of unfair sentencing (six months of imprisonment) by the lower court, the Defendant is too unfasible, and the prosecutor argues that it is too unfasible and unfair.
2. Determination
A. In the lower court’s determination of the Defendant’s assertion of mistake of facts, the Defendant alleged that he had no criminal intent to acquire by deception with the purport similar to this part of the grounds for appeal, and the lower court rejected the said assertion by specifically explaining the judgment on this part in the “judgment on the Defendant’s argument” item of the
The intent of the crime of defraudation, which is a subjective constituent element of fraud, shall be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing transactions before and after the crime unless the defendant is led to the crime (see, e.g., Supreme Court Decision 2007Do10416, Feb. 28, 2008). The judgment of the court below is just when comparing the above judgment with the above legal principles and records, and there is no error of law of mistake of facts, such as the defendant's assertion.
B. The crime of this case as to the assertion of unfair sentencing by both parties refers to the false statement that if the defendant joined the fraternity and paid the fraternity to the victim while he was liable for the debt to the victim, the defendant will pay the fraternity money to the victim, and thereby, the crime is not good, and the defendant did not have any attitude against the denial of the crime, and the damage recovery is not yet possible.